Smart Drive Test

Case Law

This is an appeal by Bahman Zargarian from his conviction by a Judicial Justice of the Peace in Provincial Court at Nanaimo on December 19, 2012. Mr. Zargarian's vehicle had been observed in traffic by a constable who visually determined that it was travelling faster than the posted speed limit of 50 km/h. Based on that observation, the constable stopped the vehicle and issued Mr. Zargarian, who was driving, a speeding ticket. Mr. Zargarian disputed the ticket and was convicted in provincial traffic court.

In April of 2014 Michael Shmyr was convicted in Whatcom County Court in the State of Washington of the offence of driving under the influence of alcohol. Mr. Shmyr is a resident of British Columbia and holds a B.C. driver's licence. The State of Washington Department of Licensing subsequently sent a Mandatory Violation Notice to the Insurance Corporation of British Columbia’s (ICBC) Driver Testing and Vehicle Information Department notifying ICBC of the citation and conviction. ICBC noted the violation and conviction on Mr. Shmyr’s BC driving record. Mr. Shmyr next received a Notice of Intent to Prohibit him from driving for twelve months under s. 93(1)(a)(ii) of the Act from the Superintendent of Motor Vehicles.

This case arises from a collision at the intersection of West 7th Avenue and Pine Street in Vancouver, B.C. A motorcycle driven by Rizwan Ali had stopped at the stop sign on 7th anticipating a left turn onto Pine. Shirley Fineblit was following behind Mr. Ali and decided to pass by him on the left because he had been driving his motorcycle slowly and she thought he was turning right. Mr. Ali turned left and collided with Ms. Fineblit as she passed by.

It looks like British Columbia's Immediate Roadside Prohibition (IRP) program is under a cloud again. In this case Mr. Justice B.C. MacKenzie is asked to stay a driving prohibition issued under the program to Tony Van Bree on May 23, 2015. The basis for the action is that the IRP legislation challenge has made its way to the Supreme Court of Canada and a decision on its validity in law is pending. Justice MacKenzie granted Mr. Van Bree's application for a stay of the driving prohibition pending the outcome of the Supreme Court decision.

In response to hearing the siren of an approaching fire engine, Cindy Li slowed in preparation to yield to it. While her vehicle was still moving, it was struck from behind by another car. She stopped, exited her car, walked back to the other car and spoke to the young male driver, requesting that he pull over to exchange information. As she returned to her car, the male drove around her and disappeared from sight.

This case involves a collision that occurred on Quarry Road in Coquitlam, B.C. Todd McQuillan stopped the Chevrolet Aveo he was driving on the shoulder just past the crest of a hill in order to photograph a bear that had crossed the road in front of him. Madam Justice Gray found that it was possible that part of the vehicle was in the travelled part of the lane. The road has a posted speed of 50 km/h.

Kenneth Malcolm wanted by. He sped up and tailgated a vehicle in the fast lane. When it didn't move out of his way, he changed to the slow lane, overtook and tailgated the vehicle there. That driver braked briefly so that both vehicles had to slow, eventually dropping behind the vehicle that Mr. Malcolm initially hoped would get out of his way. He moved back behind that first vehicle and continued to tailgate it. All of Mr. Malcolm's movements were made at a speed above the posted speed limit.

Jim Davies was unhappy with how close Kevin Elston parked his pickup truck to a cycle lane. The rearview mirror on the truck was a hazard to passing cyclists. Mr. Davies commented to his son who was riding along with him. Mr. Elston overheard the conversation, got into his truck and caught up to the Davies.

Harris Wheeler was driving northbound on Highway 97 south of Taylor, B.C. when his vehicle collided with a moose. Shortly afterward Aron Walter, driving southbound, struck that moose which was then laying on the highway. That collision caused his vehicle to cross over the center line where he struck a vehicle driven by Raymond Ziemer head on.

This one is a bit different as the case law comes out of Ontario, although the same principles would apply equally well here in BC. Ricky Pizzacalla was riding a motorized bicycle while prohibited. He was charged criminally and convicted. The case went all the way to the Ontario Court of Appeal where leave to hear the appeal was denied.